On the Drafting of Tribal Constitutions

Forside
University of Oklahoma Press, 2006 - 200 sider

A newly discovered document sheds light on Indian self-governance

Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.

Largely forgotten until Cohen’s papers were released more than half a century later, the memorandum now receives the attention it has long deserved. David E. Wilkins presents the entire work, edited and introduced with an essay that describes its origins and places it in historical context. Cohen recommended that each tribe consider preserving ancient traditions that offered wisdom to those drafting constitutions. Strongly opposed to “sending out canned constitutions from Washington,” he offered ideas for incorporating Indigenous political, social, and cultural knowledge and structure into new tribal constitutions.

On the Drafting of Tribal Constitutions shows that concepts of Indigenous autonomy and self-governance have been vital to Native nations throughout history. As today’s tribal governments undertake reform, Cohen’s memorandum again offers a wealth of insight on how best to amend previous constitutions. It also helps scholars better understand the historic policy shift brought about by the Indian Reorganization Act.

 

Hva folk mener - Skriv en omtale

Vi har ikke funnet noen omtaler på noen av de vanlige stedene.

Innhold

Introduction
3
Name of Organization
5
Statement of Purposes
6
Territory and Membership
13
Offices and Titles
19
District Organization
22
Form of Governing Body
28
Relation of the Indian Service to Tribal Government
33
Oaths of Office Insignia and Ceremonials
95
Salaries of Officials
101
Procedure of Governing Body
103
Judicial Code
113
Code of Misdemeanors
132
Law of Domestic Relations
137
Property
143
Taxation
165

Place of Chiefs in Tribal Government
37
Conduct of Elections
40
Tenure of Office
47
Popular Initiative and Referendum
50
Powers of Tribal SelfGovernment
55
Declaration of the Rights of the People
76
Duties of Officers
79
Qualifications for Office
92
Public Welfare
168
Appendix A Model Constitution
173
Appendix B Outline of Tribal Constitution and Bylaws
178
Model Corporate Charter
183
Selected Bibliography
189
Index
191
Opphavsrett

Andre utgaver - Vis alle

Vanlige uttrykk og setninger

Om forfatteren (2006)

David E. Wilkins is Professor of American Indian Studies and Adjunct Professor of Political Science, Law, and American Studies at the University of Minnesota, Twin Cities.

Bibliografisk informasjon